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December 7, 2022

The Talbot Spy

The nonprofit e-newspaper for the Talbot County Community

News News Notes

COSM Meetings Move to the Talbot County Free Library – St. Michaels Branch

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We will be making a change in venue for the Commissioners of St. Michaels (COSM) meetings beginning with the upcoming meeting scheduled on October 12, 2022. This will include both the working and legislative session meetings. The COSM will meet the second and fourth Wednesday of the month at 6 p.m. in the Jane Lowe Meeting Room of the Talbot County Free Library – St. Michaels Branch, 106 Fremont Street, enter via the Conner Street entrance. All other Town meetings will continue to be held at the Town Office building.

The COSM meetings will continue to be held in person and by zoom. See our website, www.stmichaelsmd.gov, for the zoom link.

Bayside Friends Presents “The Way We Were” on June 11-12

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Bayside Friends is pulling back the curtain of time beginning this Saturday, June 11 at 6 pm and again on Sunday June 12 at pm. at The St. Michaels Inn with a digital photo presentation of St. Michales and Bay Hundred as it was ‘then’ and now. THE WAY WE WERE is a fund raiser for Bayside Friends. (www.baysidefriends.org)

‘THE WAY WE WERE’ is a presentation featuring over100 photos from circa 1890 to today and includes narration which is both historical and has lots of local inside stories provided by Bayside native, Pam O’Brien.

THE WAY WE WERE is a collection of Secrets and images many may have thought never existed or were lost should prove to be fun and interesting for long time residents as well as newcomers. Photos include churches, businesses, the harbor, organizations, people and places in St. Michaels and the surrounding villages.

The WAY WE WERE begins at 6 pm on Saturday evening at The St. Michaels Inn (at the intersection Rt. 33 and Peaneck Road in the hotels Maryland Room and again on Sunday the 12th at 2 pm. Refreshments will be served so please respond to pamobrien@baysidefriends.org to let them know which event you will be attending, (11th or12th) and payment may be made by credit card at the website www.baysidefriends.org under the donate button. Tickets are $25 per single ticket and $40 when purchased in pairs.

St Michaels Museum at St Mary’s Square ‘Where St. Michaels History Comes Alive’

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Plan a visit to St Michaels Museum to learn about the history of St Michaels including the War of 1812, the life of Frederick Douglass when he lived in the town as a slave, and the commercial development of this busy town.

An exhibit about the Hambleton Family of Martingham and Perry Cabin is on view. Come find out the 240-year history of St Mary’s Square. It was the center of a 1778 town plan put together by English factor James Braddock during the American Revolution. Braddock’s plan featured the Square and two gates, north and South. It was the center of the new town. The square was the home of the Methodist Sardis Chapel, as well as several schools.

Explore St. Michaels with a docent-led walking tour of the town that begins at the museum at 10:00 on Saturdays May through October. $20 adults, youths 17 and under are free. Private tours for a $50 Minimum on other days and times can be arranged by calling Kate Fones at 410-745-4323.

“Frederick Douglass, as a Slave, in St. Michaels 1833-36”

Second, Fourth and Fifth Saturdays of each Month

This tour is given as a 90-minute walking tour on the 2nd, 4th, and 5th Saturdays. The tour gives a view of the early life of St. Michaels’ most famous 19th century resident and the most important African American Abolitionist in the Civil War.

“Historic St. Michaels: its People, Places and Happenings”

First and Third Saturdays of Each Month

This tour is given as a 90-minute walking tour on the 1st and 3rd Saturdays. It highlights St. Michaels during the 19th Century. Stories will be told viewing many restored structures from that era and describing life of famous and typical residents of these times including Frederic Douglass.

Great News! Our Popular Children’s Parade will once again be a part of our traditional 4th of July celebration this year at our grounds July 4, 2022!! Visit our new website for all the news and details about our 4th Celebration and all museum activities!

The St. Michaels Museum is open Fridays from 1-4, Saturdays 10-4, Sundays 1-4. We are located at 201 E. Chestnut St, on historic St. Mary’s Square, in St Michaels where there is usually plenty of street parking. Website – www.stmichaelsmuseum.org and phone 410-745-9561.

Inn Owner Khalil Named to St. Michaels Commission

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The Commissioners of St. Michaels have appointed Aida Khalil to fill the remainder of the term vacated by former Commissioner Jaime Windon who resigned earlier this month. Khalil was sworn in and seated at the start of the commissioners’ Wednesday night meeting.

Khalil has a lifelong history of serving others, including humanitarian missions overseas to aid refugees from the war in Syria. As the owner/operator of Aida’s Victoriana Inn, she has been a successful businesswoman and a booster of civic causes in St. Michaels for the past 16 years.

She currently serves as secretary of the St. Michaels Business Association and previously served on the St. Michaels Planning Commission and the Town of St. Michaels Tourism Board.

Commission President Michael Bibb said he and the other commissioners look forward to working with Khalil as the town adjusts to a post-pandemic economy.

“Her expertise as a businesswoman and her enthusiasm for giving back to the community are a real asset,” Bibb says. “We hope the residents of St. Michaels will welcome her and support her efforts on our behalf. We are lucky to have people of her caliber willing to step forward.”

Khalil’s term will expire in June 2022.

Windon Resigns as St. Michaels Commissioner

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St. Michaels Town Commissioner Jaime Windon has resigned her post effective immediately.

In a statement sent Monday to the interim town manager, Windon wrote:

“For the last seven years I have enjoyed serving the town of Saint Michaels. It is both a privilege and an honor to be a commissioner, and it is a role that I strived to fulfill to the best of my ability with dedication and integrity. However, recent events, conflicts and controversies prove to be a continual challenge to my ability to maintain excellence in governance and create positive change through my position.

“It is not without regret that I have come to the decision that I can no longer serve as part of this commission, and am therefore resigning, effective immediately.

“Thank you to our dedicated public servants: the police department, public works, the office staff and all those who volunteer their time on the many boards and committees, your efforts make this town a wonderful place to live and it has been a pleasure working alongside each of you.

“Best wishes to those that are entrusted with guiding and governing our town. I look forward to finding new ways to serve Saint Michaels in the future.”

Windon’s term expires in 2022.

K-9 Max Will Return to Service in St. Michaels

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The St. Michaels Commissioners unanimously agreed Wednesday night to bring K-9 Max out of retirement after residents raised money to fund his continued service.

During the July 14 discussion, St. Michaels Police Chief Anthony Smith touted the benefits of having a narcotics dog and noted Max would likely be able to serve another three years before retiring due to age.

However, Smith noted that Max would be retired sooner if the state legalizes marijuana.

Narcotics dogs trained on marijuana in addition to other narcotics do not differentiate between those drugs. If marijuana is legalized in Maryland, police agencies will need to retire dogs that have been trained to alert on marijuana.

The chief and commissioners agreed that miscommunication had led to the decision to retire Max, with Smith saying he wold “take the heat for that” for not elaborating on the need to keep Max in service during budget deliberations.

“I think that this was a bit more of the discussion that everybody deserved to have” during the town’s budget meetings, Commissioner Jaime Windon said Wednesday night.

“I want to personally apologize to you, chief. Because when I agreed to retire Max, I was convinced and assured that this had the full support of the police department,” Windon said. “It’s clear, it’s abundantly clear tonight, that that’s not the case. I think it would have been a different discussion…. I just hope that that’s clear to everyone who has been confused or disturbed or feels that we have somehow failed the community by what seems to be thought of (as) a rash decision but I can assure you, from this seat it was never a rash decision.”

“I’ll bear sort of responsibility in that because I remember one session, (Commissioner) Tad (DuPont) asked me about what I thought about the dog,” Smith said.

He recalled that his reply was that Max was a deterrent. “I didn’t elaborate like I did tonight and probably going back, looking back, I probably should have.”

Paulette Florio, who presented the offer of donated funds to pay for Max on July 7,  thanked the commissioners for bringing the dog out of retirement.

“I can guarantee you that we have the money,” Florio said Wednesday night after DuPont wondered if the offer still stood. “I am keeping the donors anonymous and the money will be at the police department by the weekend.”

Smith had noted that the St. Michaels Police Department already had a framework in place to accept donations through its SMYLE program (St. Michaels Youth and Law Enforcement) and said residents previously had donated funds to help pay for food for Max.

St. Michaels Names Interim Town Manager

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Jeff Rhodes, who retired June 1 after nearly 10 years as city administrator for Cumberland, has been named as interim town manager for St. Michaels.

Town commissioners selected Rhodes by unanimous vote after candidates were interviewed, according to a July 9 town press release. (The St. Michaels Commissioners met in closed sessions on July 7 and July 9.)

Rhodes is set to begin work on Monday, July 26, according to the town.

Commission President Michael Bibb said Wednesday night that Rhodes is expected to serve as interim manager for 3-4 months. He will help write a new job description for the position and assist with a nationwide search for a new town manager.

The town commissioners had voted 4-1 in a June 24 closed session to dismiss longtime Town Manager Jean Weisman.

In a June 30 statement, Weisman’s attorney said she was told that the “(c)ommissioners had decided to go in a different direction and her 37 years of employment with the town, the last 10 as (t)own (m)anager, was at an end.”

Residents questioned how much Rhodes would be paid and asked for clarification on the new direction for St. Michaels.

“How much this is going to cost the town?” Paulette Florio asked. “(Commissioner) Tad (DuPont) since I know you’re very, very concerned about our budget, can you give us an idea of what this is costing the town to hire this gentleman?”

DuPont, elected by his fellow commissioners as treasurer, said, “I don’t think we’ve really determined that. I mean he’s given us an hourly figure. I’ll let you know as soon as I can give you an honest answer.”

“So he’s accepted a position, but he doesn’t know what he’s going to be paid yet?” Kristen Greenaway, president of the Chesapeake Bay Maritime Museum, asked.

Bibb explained that a contract had not been signed yet.

“He has given us a hourly rate, and some of his other things that he wanted with it,” he said. “So, we can officially … give you that information once a contract is signed, which will be hopefully sometime this week.”

Greenaway also asked if the public would be allowed to have some input on the job description for town manager. Commissioner David Breimhurst, participating remotely, said that was “not a bad idea.”

“Well, in that case it would be very useful if we knew the new direction because we would obviously need a new town manager that would fully comprehend the new direction,” Greenaway said.

Earlier during the July 14 meeting, DuPont expressed his thoughts on change, noting the COVID-10 pandemic, the effects of tourism, and financial concerns.

“There has to be a balance between the businesses and what they view as their expectations and the rights of the residents,” DuPont said. “I know a lot of people have asked me, … that is part of what I think direction and change is going to have to be about.”

Greenaway and others said the commissioners needed to be more specific.

“I would like to address the commissioners and when they may be able to share a more definitive direction than what they have given just now, that they do intend following,” she said. “I ask as CBMM is currently in the middle of its … master plan, actively planning for a new strategic plan starting 2023 and a vision 2028 initiative.

“We have plans, we have plans, involving a great deal of capital and personnel investment. We’re currently 79 full time staff,” Greenaway said. “And we really need to know if the commissioners’ direction will impact positively or negatively … on our direction and I suspect that many St. Michaels businesses and residents would also like to pose the same question.”

Kim Hannon, president of the St. Michaels Business Association, said numerous business owners had voiced concerns to her.

“St. Michaels has been a tourist town, and has been that for as far as I know for at least 40 to 50 years…. Most of the residents know when they buy a house in St. Michaels, especially in town, that it is a tourist town. They shouldn’t be surprised about that….

“The businesses want to know what’s … going on and what the plans are,” Hannon said. “So if we can have more clear thoughts of that and descriptions of what is going to be taking place…. We have to think of the future … so we’d really appreciate that.”

Near the end of the meeting, Florio thanked Weisman, who was on the Zoom meeting, for her service through difficult times.

“I mostly want to say that the communication I’ve had with more than over 200 people of our community are sorry and offended that you were let go so abruptly without any explanation. We may never know,” she said. “I charged the commissioners with having an explanation because anybody who’s fired from a job that they’ve dedicated themselves to for 37 years really deserves an explanation. We as your community, who supports you, would love to know — ourselves — because we feel a great loss.

“We think you’ve done a fabulous job through this pandemic. You survived the illness of your husband keeping a caregiving operation going at home while you survived your own cancer,” Florio said. “You kept the town going (through) this incredible pandemic, and we’ve floated through just beautifully and I thank you for that on behalf of the entire town. And I do hope that at some point, our voted-in commissioners, who … really promised us transparency, will share with us their particular reason for letting you go. So thank you from the hearts of all of us.”

Residents Raise Funds for Return of K-9 Max, Leading to Questions About Why St. Michaels Police Dog was Retired

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Although he retired June 30, the issue of St. Michaels Police Department K-9 Max is on the agenda for tonight’s town meeting after residents collected donations to fund his continued service and questions were raised about why the dog was retired.

Max retired June 30 — the end of the town’s fiscal year — and was going spend his retirement with his handler, Cpl. Jason Adams, and his family.

In a July 1 Facebook post, the police department said Max had conducted more than 240 narcotics scans, leading to more than 120 arrests, since joining the force in March 2015. Many of those scans and arrests occurred while assisting other law enforcement agencies in Talbot County.

During public comments before a July 7 closed session, Paulette Florio said funds had been donated to pay for Max to return to service as a police dog.

“I just have some good news that I wanted to present to the commission,” Florio said. “And it has to do with the retired canine officer. Apparently it was a budget cut from what I understood from my investigation of the matter.

“And the town came together and we have a group of citizens who want the dog back and have the money to bring him back in full,” she said. “So we just don’t know where to send the money.

“So congratulations, you still have a canine officer to do his job. And he’s apparently good for another three years in canine officer world,” Florio said. (According to the National Police Dog Foundation, police dogs normally retire “around 10 years of age,” depending on health.)

“So where can we send the money? And how do we get him back?” Florio asked July 7.

Commission President Michael Bibb said the commissioners would have to discuss the proposal, but said “(t)he dog was not retired due to budget cuts.”

Bibb’s comment prompted St. Michaels Police Chief Anthony Smith to respond, with Smith saying Florio likely got some of her information from him “because I was led to believe that to some degree.”

The chief said Bibb, in fact, had been the one to tell him that Max would be retired and that one reason for the dog’s retirement “was because it was part of an agreement with the salary increase that we were going to get as police officers.

“So once I learned that information, to me, it became a budget issue,” he said. “And that’s what you informed me in my office about two weeks ago.

“So to me, if if it’s getting around that it’s a budget issue, that’s the impression that I got when you when you informed me that one of the reasons why we got a pay raise or (were) going to get a pay raise, (was) because Max is going to be retired,” Smith said.

The chief said he was opposed to retiring the K-9, but it was ultimately the decision of the town commissioners.

“We had a discussion in several of the meetings and I voiced my opinion that I wanted to keep the canine,” he said. “I think at one meeting, Commissioner DuPont … asked me what my thoughts was on Officer Max and I said he’s a good deterrent. And absolutely he is a deterrent.”

“Now, if the commissioners as a body want to get rid of the canine, that’s fine,” Smith said. “But certainly there should be a process where it should have went through the chief … because I was dead set against it from the very beginning.”

Commissioner David Breimhurst thanked the chief for his comments and the private citizens for offering the funds and asked that the issue be added to the agenda for the July 14 meeting.

Smith said a decision would need to be made soon because Max is required to have a certain amount of training each year.

“I know that’s an issue. I know it’s expensive. And I know that’s an issue with part of wanting to retire him but he’s got to get back and train, he said. “He can’t miss too much training. So thank you very much if you’re going to give us some consideration, but we do not want to go too much past July 14.”

Resident asks four commissioners to resign

Town resident John Garland, speaking before the July 7 closed session, asked for the immediate resignations of Commissioners Bibb, Breimhurst, DuPont, and Harrod.

“Last year, commissioners Bibb, DuPont, Breimhurst, and Harrod, who were collectively supported by St. Michaels Action Committee, known as SMAC, campaigned against two commissioners running for reelection by making unfounded claims,” Garland said. “They defeated those two commissioners by peddling lies and fear.

“Now it seems these same four commissioners did not follow Maryland’s open meeting laws in order to fire long term town manager,” he said. “Regardless of the closed meeting topic, the simple fact that four of our five commissioners sought to disregard open meetings laws is by far their worst behavior to date, in my opinion, and stands in direct irony to their campaign promises.

Garland did not specify how the commissioners may have violated the Maryland Open Meetings Act in connection with the June 24 closed session in which they voted 4-1 to dismiss longtime Town Manager Jean Weisman.

“Accountability is a two-way street,” Garland said July 7. “These four commissioners have broken their trust obligation with residents. And this doesn’t even include their other behaviors such as micromanaging town staff, effectively grinding down operations to a crawl and engaging in day-to-day town management activities which is not a function of their role as commissioners.

“As a town resident, I formally request the immediate resignations of Commissioners Bibb, DuPont, Breimhurst, and Harrod for legal negligence, dereliction of duty, and loss of public trust. I also request the proper process be followed to fill their seats.”

Following the public comments, the town commissioners voted 4-1 to go into closed session July 7 to discuss personnel matters. Commission Vice President Jaime Windon voted against the closed session, saying, “I’m not comfortable without a town attorney here today and I requested that.”

July 9 closed session discussed temporary town manager

The commissioners held a second closed session last week on Friday, July 9, and noted there would be no public comment before that closed session.

Bibb, Breimhurst, and DuPont voted July 9 in favor of a closed session for personnel matters. According to an audio recording of that vote, Windon apparently was attending remotely and her vote on closing the meeting could not be heard by her fellow commissioners and town staff. Harrod apparently was absent.

The written closing statement for the July 9 meeting identifies the reason for the closed session as “temporary town manager” and indicates that four commissioners voted to close the session (it appears the number 3 has been written over as the number 4) and one commissioner was absent.

SM070921closingstatement

The written closing statement for the July 7 meeting identifies the reason for the closed session as “temporary employment and attorney retainment.”

SM070721closingstatement

The town commissioners meet at 6 p.m. tonight for a regular monthly work session. The public may attend using Zoom.

To join the meeting by computer or smart phone, click this link: https://us02web.zoom.us/j/3264261778. The meeting ID is 326 426 1778. To join by phone with audio only, call 1-301-715-8592 and enter meeting ID 326 426 1778.

Analysis: St. Michaels Town Manager Dismissal Raises Questions; Answers Will Be Hard to Get

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St. Michaels residents continue to press for additional information about the town commission’s decision to dismiss the town manager, but the confidentiality of personnel issues makes it unlikely questions will be answered.

The St. Michaels commissioners went into closed session on June 24 to discuss personnel matters, which is one of more than a dozen exceptions to the state’s Open Meetings Act.

An attorney for Jean Weisman, a 37-year town employee who had been town manager for 10 years, later issued a statement saying the commissioners voted 4-1 at the June 24 meeting to dismiss Weisman; the town subsequently issued its own statement.

State law allows closed sessions to discuss personnel issues, including:

  • “(i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of an appointee, employee, or official over whom it has jurisdiction; or
  • “(ii) any other personnel matter that affects one or more specific individuals.”

The Open Meetings Act provides several conditions that must be met in order to close a session.

According to the Open Meetings Act Manual, prepared by the state attorney general’s office, those conditions are:

1) Any meeting must begin in an open session, for which proper notice has been given. The person designated by the public body to take the required Open Meetings Act training must be present or the public body must complete a compliance checklist available on the attorney general’s website.

2) In the open session, the presiding officer must complete a closing statement, “a written statement of the reason for closing the meeting,” that includes the “topics to be discussed” in addition to the statutory exception for closing the meeting. (The manual provides sample closing statement forms.)

This requirement can get a little tricky when it comes to the topics to be discussed. The state’s open meetings compliance board, which is advisory only, has repeatedly said the topic should not simply repeat the “boilerplate” of the statutory exception — if the session is closed for a business relocation, for example, the topic should not be listed as “business relocation.”

According to the Open Meetings Act Manual: “In most cases, a description of the topic alone also does not convey why the public body needs to exclude the public. Occasionally, though, the Compliance Board has found that a description of the topic to be discussed adequately conveyed the public body’s reason for closing a meeting, as when the public body has described the topic as discipline matters respecting individual employees. See, e.g., 4 OMCB Opinions 188, 196 (2005).”

In a sample closing statement provided in the manual, in which the public body voted to go into closed session for personnel matters, the topic listed was “applicants for parks & rec head” and the reason provided for holding that discussion in a closed session was “Public discussion of applicants’ names and job info could discourage people from applying for Town jobs.”

3) There must be a recorded vote — a vote for which each member’s vote is specified — on a motion to close the meeting to the public. (Here, the manual also notes that a member of the public may object to the closing of a meeting.)

4) During the closed session, the discussion must be limited to the topics and scope listed on the closing statement.

5) After the closed session, “the public body must disclose, in the minutes of the next open session, information that discloses what topics were actually discussed, who attended the closed session, and what actions the public body took.”

St. Michaels has provided the following closing statement for the June 24 meeting:

Closed Session of June 24 2021

State law and the town’s charter also make it clear that the town commissioners may dismiss a town clerk/manager at any time, for almost any reason or for no reason.

Maryland is an at-will employment state, meaning “in the absence of an express contract, agreement or policy to the contrary, an employee may be hired or fired for almost any reason — whether fair or not — or for no reason at all,” according to the state labor department’s website.

The town charter, meanwhile, provides that the town clerk/manager “shall serve at the pleasure of the Commission….”

St. Michaels Commissioners Issue Statement on Town Manager

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In an emailed statement, the St. Michaels commissioners addressed the dismissal of Town Manager Jean Weisman and thanked her for lengthy service with the town.

“After a lengthy discussion during a closed session on June 24th, a majority of the Commissioners of St. Michaels concluded that the time had come to part ways with Town Manager Jean Weisman.

“We are bound by law to keep the content of that discussion confidential.

“Unfortunately, the nature of her position, and the sensitive, confidential information in her possession and control did not afford us the opportunity to provide prior notice.

“We thank Ms. Weisman for her longtime service to the town and wish her all the best in the future.

“An interim manager with extensive experience will be hired to serve until a permanent replacement is recruited.”

Weisman has worked for the town of St. Michaels for 37 years, the last 10 as town manager.